Belgian league voided?

Now being reported in the Record, with quotes from the club who won the case.
 
Seems it is true:

SPFL fired Hearts and Partick Thistle warning as court overturns Belgian relegation decision
Waasland-Beveren were initially demoted but have won a landmark ruling.

The SPFL have been given a legal warning from Belgium, after Waasland-Beveren's relegation was overturned.

Hearts and Partick Thistle will go to SFA arbitration after the early end to the season saw them relegated with games still to play.

With the season due to start on August 1 it could throw the Premiership into crisis, with Dundee United challenging the Jambos after winning promotion.

And the SPFL now face a worrying precedent after the Belgian Court of Arbitration for Sport overturned the decision to relegate Waasland-Beveren.

On May 15 the season was declared over based on the table as it stood, with Club Brugge declared champions.

But Beveren challenged that and the CBAS has now quashed the decision.

In another worrying echo for Neil Doncaster and Co, the Belgian fixture list had already been published.

Club spokesman Martijn De Jonghe said: "We never lost hope.

"We found it very odd that the fixtures were already released while legal proceedings were still under way.

"It's a small victory, even if we obviously don't know what's going to happen next."

While the Hearts and Thistle case will be arbitrated by the SFA, they do have the right to further appeal to the Court of Arbitration for Sport in Lausanne.

With relegation overturned in both France and Belgium, at least provisionally, CAS may use that precedent if called to make a ruling.
 
Snakehips said:
If the original resolution vote is deemed to have been invalid, then the SPFL had no authority to award a title. So I cannot see how any legal move to ‘strip the tittie‘ could fail.
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If the original vote is declared invalid then they don't have an awarded title to be stripped of.
 
People need to remember that not only do we play in wee Nicola’s republic of Scotland, but the governing bodies are as corrupt as hell.
No way will anything change.
 
Null and void is 100% on the table at the moment in Scotland. I don’t get why people are saying it isn’t.

If the Dundee vote to end the season is declared unlawful then the subsequent relegations/promotions/champions are also unlawful and will be removed.

The SPFL will be given the opportunity to restart the league season or declare it null and void. They aren’t able to restart so will have to declare null and void.
 
jaws73 said:
Seems it is true:

SPFL fired Hearts and Partick Thistle warning as court overturns Belgian relegation decision
Waasland-Beveren were initially demoted but have won a landmark ruling.

The SPFL have been given a legal warning from Belgium, after Waasland-Beveren's relegation was overturned.

Hearts and Partick Thistle will go to SFA arbitration after the early end to the season saw them relegated with games still to play.

With the season due to start on August 1 it could throw the Premiership into crisis, with Dundee United challenging the Jambos after winning promotion.

And the SPFL now face a worrying precedent after the Belgian Court of Arbitration for Sport overturned the decision to relegate Waasland-Beveren.

On May 15 the season was declared over based on the table as it stood, with Club Brugge declared champions.

But Beveren challenged that and the CBAS has now quashed the decision.

In another worrying echo for Neil Doncaster and Co, the Belgian fixture list had already been published.

Club spokesman Martijn De Jonghe said: "We never lost hope.

"We found it very odd that the fixtures were already released while legal proceedings were still under way.

"It's a small victory, even if we obviously don't know what's going to happen next."

While the Hearts and Thistle case will be arbitrated by the SFA, they do have the right to further appeal to the Court of Arbitration for Sport in Lausanne.

With relegation overturned in both France and Belgium, at least provisionally, CAS may use that precedent if called to make a ruling.
Click to expand...

Whoever wrote that article is concerned :))
 
So Hearts and Thistle win the case and don’t get Relegated or Stranraer and there’s no promotion for Dundee Utd , Raith, Cove, we need to Demand the mentally challengeds title is non and void and if Rangers don’t go for them then we are as well chucking it.
 
I won’t jump up and down just yet, but what this should do is embolden Hearts and Partick that if they don’t get what they want they can go further with a reasonable outcome of success based on precedent.

However, they only care about not being relegated - so in the event the SPFL lose, them imposing a temporary restructuring seems to be their ‘plan b’ based on their attempt to get “COVID-19 emergency powers” for the board to railroad it over the clubs vote. Hopefully that move fails.
 
jaws73 said:
Seems it is true:

SPFL fired Hearts and Partick Thistle warning as court overturns Belgian relegation decision
Waasland-Beveren were initially demoted but have won a landmark ruling.

The SPFL have been given a legal warning from Belgium, after Waasland-Beveren's relegation was overturned.

Hearts and Partick Thistle will go to SFA arbitration after the early end to the season saw them relegated with games still to play.

With the season due to start on August 1 it could throw the Premiership into crisis, with Dundee United challenging the Jambos after winning promotion.

And the SPFL now face a worrying precedent after the Belgian Court of Arbitration for Sport overturned the decision to relegate Waasland-Beveren.

On May 15 the season was declared over based on the table as it stood, with Club Brugge declared champions.

But Beveren challenged that and the CBAS has now quashed the decision.

In another worrying echo for Neil Doncaster and Co, the Belgian fixture list had already been published.

Club spokesman Martijn De Jonghe said: "We never lost hope.

"We found it very odd that the fixtures were already released while legal proceedings were still under way.

"It's a small victory, even if we obviously don't know what's going to happen next."

While the Hearts and Thistle case will be arbitrated by the SFA, they do have the right to further appeal to the Court of Arbitration for Sport in Lausanne.

With relegation overturned in both France and Belgium, at least provisionally, CAS may use that precedent if called to make a ruling.
Click to expand...
Notice this article doesn't cover that we l whole league is null and void (is that the case?)
 
TynesideTrueBlue said:
So Hearts and Thistle win the case and don’t get Relegated or Stranraer and there’s no promotion for Dundee Utd , Raith, Cove, we need to Demand the mentally challengeds title is non and void and if Rangers don’t go for them then we are as well chucking it.
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If Doncaster and company are found to have colluded with Dundee to corrupt the vote to end the season, then this is corporate fraud when millions of pounds of CL money was at stake. This is criminal behaviour and the police should then get involved.
 
If arbitration fails then it goes back to court in Scotland does it not?
That article is saying it will progress straight to CAS if the arbitration is disputed
 
www.hln.be

Waasland-Beveren na oordeel BAS: “We hadden de hoop nooit opgegeven”

De degradatie leek na dinsdag een feit, maar Waasland-Beveren haalt een dag later alsnog zijn gram. Het Belgisch Arbitragehof voor de Sport (BAS) verklaart de beslissing van de Algemene Vergadering van de Pro League (15 mei) om Waasland-Beveren te laten degraderen nietig. "We hadden de hoop...
www.hln.be www.hln.be

PeGssdl.jpg
 
Sasa said:
“We don’t get involved in decisions made in local associations.”
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Dont they ?

They agreed to Belgium and Scotland defining the entry requirements for next seasons UEFA tournaments based on their nonsense.

And a courts just voided that.

They are very much interlinked now
 
Arkanoid said:
If arbitration fails then it goes back to court in Scotland does it not?
That article is saying it will progress straight to CAS if the arbitration is disputed
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I did wonder that myself. It could probably go automatically back to court but then deferred to CAS? Either way, this news may or may not have a massive positive effect on the Scottish scenario but it’s certainly not going to have a negative one either. Legality works on precedent.
 
While the Hearts and Thistle case will be arbitrated by the SFA, they do have the right to further appeal to the Court of Arbitration for Sport in Lausanne.

Unfortunately I don't believe that to be the case (this point was specifically addressed by the Chairman of the Scottish Atrbitration Centre in the recent Sportsound Podcast)

The only appeal can be to the Scottish Courts and even then any appeal would have to be on the bais there was an error made within the Arbitration on a point of law.
 
Also, let's remember the Belgium situation didn't even involve a corrupt vote, lies about financial liability, bullying, a secret non independent inquiry, email to UEFA, not considering alternate option,...
 
Our board bottled it so no change in Scotland. We, like the rest of Scottish football, have accepted that what the scum want the scum get. We don't even fight the corrupt officialdom we just talk (though statements) and then back down.
 
If Arbitration decides that the SPFL Resolution was incompetent in the first place and/or the Dundee vote was a valid 'NO' vote then there is no need to remove their title as it will at that point never have been awarded.

It will then be back to the SPFL to decide what to do next.

As others have said there is no time to complete season 2019/20 so cancelling it is their only option to get 2020/21 started on time and secure the Sky money (there isn't any other money to be had by the SPFL).

It may not pan out that way but will the cabal be nervous? You betcha they will!
 
Cooperfan said:
Our board bottled it so no change in Scotland. We, like the rest of Scottish football, have accepted that what the scum want the scum get. We don't even fight the corrupt officialdom we just talk (though statements) and then back down.
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Hearts & Thistle were granted discovery over certain SPFL documents. Courts don't entertain 'fishing expeditions'. Possibly RFC told them what docs to demand?
 
jaws73 said:
If Arbitration decides that the SPFL Resolution was incompetent in the first place and/or the Dundee vote was a valid 'NO' vote then there is no need to remove their title as it will at that point never have been awarded.
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I know what you are saying, but this is Chinatown here. If the relegation is overturned, or declared invalid, then it is likely the statements afterwards will make no mention of the title. The powers that be will try to keep the the 2 issues separate, even if they are most definitely connected, and legally they don’t have a leg to stand on. They will just quickly try and move on without mention of the title not being valid. Can you imagine Doncaster telling Lawwell that the title is to be taken away, or not awarded? I would not even put it past them to try and retrospectively award them it if it does get called null and void, especially now a Lawwell is meant to be going on the board. I just don’t expect them to give it up without a real fight, regardless of what any court says.
 
Snakehips said:
I know what you are saying, but this is Chinatown here. If the relegation is overturned, or declared invalid, then it is likely the statements afterwards will make no mention of the title. The powers that be will try to keep the the 2 issues separate, even if they are most definitely connected, and legally they don’t have a leg to stand on. They will just quickly try and move on without mention of the title not being valid. Can you imagine Doncaster telling Lawwell that the title is to be taken away, or not awarded? I would not even put it past them to try and retrospectively award them it if it does get called null and void, especially now a Lawwell is meant to be going on the board. I just don’t expect them to give it up without a real fight, regardless of what any court says.
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I am assuming the Arbitration Panel has to give a reason for its judgement (I may be wrong in that but they can certainly explain why they came to a decision without revealing information that isn't already in the public domain). If it is for any of the two reasons I mentioned there is nothing to take away as it will never have been awarded.
 
I posted this on June 5th, and it still applies

Precedent is an Anglo Saxon litigation term. A summary below would explain the rational behind this.

The common law system of precedent serve legal certainty. Legal certainty requires that court decisions must be predictable. Similar situations must be treated alike, unless a difference in the treatment is objectively justified. The uniformity of the application of law is thus a crucial element of legal certainty. Precedent reduces the courts’ discretion and ‘is the guarantor of certainty and equality of treatment.

Hearts have had two QC opinions, I would think today's ruling in Belgium is important to hearts if they decide to test it in our courts.

For those celtic fans who phoned snyde tonight and said " Belgium Law does not affect Scottish law"

I would point them to the actual uk withdrawal agreement.

The UK left the EU on 31 January 2020. Under the UK-EU withdrawal agreement, a transition period will end on 31 December 2020 unless extended, during which time the UK will be treated for most purposes as if it were still an EU member state, and most EU law (including as amended or supplemented) will continue to apply to the UK

The Belgium decision will put Doncaster and co under enormous pressure to persuade or force the 42 to accept reconstruction.

I stand by what I said then and I believe that because they did not vote for reconstruction, its the clubs own fault if the Arbitors rule against the SPFL.

If the Arbitration panel decides that the Dundee vote was above board (unlikely) then hearts and partick lose out but If the Arbitration panel decides that the Dundee vote was unlawful then calling the league when they did would suggest that the process was unfair on the relegated teams and that would be in breach of company law. Then in my opinion, considering the Belgium ruling today they would have to void the season or rule that hearts and partick thistle would be due millions of pounds in compensation.
 
Cooperfan said:
Our board bottled it so no change in Scotland. We, like the rest of Scottish football, have accepted that what the scum want the scum get. We don't even fight the corrupt officialdom we just talk (though statements) and then back down.
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We really don’t know what has been going on in the background. Given the way it has panned out, it might well turn out that letting Hearts and PT take the initiative and fight to the SPFL was the best course of action, especially given they are the ones that have really suffered in all of this. The media had turned it into the SPFL against Rangers, apparently based on us trying to stop the Tims getting the title, which was not the bigger picture. Hearts and PT are in effect doing what we wanted the board to do anyway, which is take it to a QC/court and hopefully get the dirty washing out.

If in the end it all passes, the cabal are still in place, and our board say and do nothing, then they can be held to account and accused of sitting on their hands. But we need to let it all play out before making a judgement. Our board are fans themselves, who have invested large sums of personal wealth in the club, and want the club to succeed. We have to have a bit of faith, at least for the moment, that their course of action has been the best one for our club.
 
Cooperfan said:
Our board bottled it so no change in Scotland. We, like the rest of Scottish football, have accepted that what the scum want the scum get. We don't even fight the corrupt officialdom we just talk (though statements) and then back down.
Click to expand...

This is a load of mince, sorry, we’dhave been laughed out of court had we tried to contest it, we weren’t penalised in the way Hearts and especially Thistle have been, so just as has happened in Belgium the relegated clubs are taking it further.

Any judge would have asked us how we were specifically penalised from being second and we wouldn’t have had an argument as we weren’t punished, people need to get real and stop living in a fantasyland about this.
 
Snakehips said:
The media had turned it into the SPFL against Rangers, apparently based on us trying to stop the Tims getting the title, which was not the bigger picture.
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Along with getting rid of the cabal this WAS part of it for the club. There is no way they cunts should have been handed that title and the door opened to earn astronomical amounts of money for something they hadn't earned.
Regardless of the form Rangers were in from the winter break I'm of the mind we would have been 4 points behind with six to play, the competition was not completed we were screwed proper.
 
jaws73 said:
I am assuming the Arbitration Panel has to give a reason for its judgement (I may be wrong in that but they can certainly explain why they came to a decision without revealing information that isn't already in the public domain). If it is for any of the two reasons I mentioned there is nothing to take away as it will never have been awarded.
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That would be completely correct, as legally it would never have been a valid award, which we all agree it is not. Point I am making is though, is that they will fight tooth and nail to ensure they get the title hook or by crook, and they will examine every angle to get it. Whether that be emergency executive vote, or legal action, or even just try and brass neck it and say it still stands, they will still try and claim it, and the SPFL will do everything to assist. We have seen over the last 4 months how far, and how low, they are willing to go. Lawwell’s ego knows no bounds.

Hopefully I am wrong, and they just accept the removal (or non-award) of the title if the resolution vote was deemed invalid by the Arbitration panel. But I doubt they would accept it without a fight.
 
Biniaro11 said:
Do you really think it means anything in terms of this country?
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Depends how the Relegation pans out! U declare champion and not delegate and relegate and. It have champion! The ribbons will be neutral im aaftfe
 
Tagsbear said:
This is a load of mince, sorry, we’dhave been laughed out of court had we tried to contest it, we weren’t penalised in the way Hearts and especially Thistle have been, so just as has happened in Belgium the relegated clubs are taking it further.

Any judge would have asked us how we were specifically penalised from being second and we wouldn’t have had an argument as we weren’t punished, people need to get real and stop living in a fantasyland about this.
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I'm not sure of that, tbh. Rangers legally contesting the validity of the Dundee vote is no different to what Hearts and Thistle are currently doing. Compound that with the SPFL only giving member clubs one option only to end the League season, never mind the UEFA letter in which they openly lied that member clubs wanted the season over, before any such vote to do so had ever taken place. The SPFL's behaviour has been outrageous.
 
O
Beer Belly Loyal said:
Along with getting rid of the cabal this WAS part of it for the club. There is no way they cunts should have been handed that title and the door opened to earn astronomical amounts of money for something they hadn't earned.
Regardless of the form Rangers were in from the winter break I'm of the mind we would have been 4 points behind with six to play, the competition was not completed we were screwed proper.
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Of course the title was part of it, but getting the cabal out was as big a part, if not more, certainly in terms of a public stance. The club would never come out and say it was partly about the title, and rightly so, as it would weaken any argument against the cabal in the eyes of folk in the country who have zero interest in which of us wins the title. However it is fair to say both issues are definitely intertwined.
 
Tagsbear said:
This is a load of mince, sorry, we’dhave been laughed out of court had we tried to contest it, we weren’t penalised in the way Hearts and especially Thistle have been, so just as has happened in Belgium the relegated clubs are taking it further.

Any judge would have asked us how we were specifically penalised from being second and we wouldn’t have had an argument as we weren’t punished, people need to get real and stop living in a fantasyland about this.
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Thank fuçk someone gets it.
 
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